Case Summary
The plaintiffs, legal heirs of late N.A.K. Haji, filed a suit seeking both mandatory and prohibitory injunction against the defendants, who are alleged to be obstructing a pathway that provides access to the plaintiffs' property. The defendants contend that the pathway claimed by the plaintiffs is imaginary and that they have the right to use their property as they see fit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants.
Case Type
Injunction
Final Judgment
No
The court granted a decree of permanent prohibitory injunction in favor of the plaintiffs against the defendants concerning the plaint B schedule property, restraining them from interfering with the plaintiffs' rights. However, the claim for mandatory injunction was denied as the plaintiffs failed to prove their entitlement.
Why Plaintiff Won:
Plaintiffs are found to be in possession of the plaint B schedule property, which is crucial for their access.
Plaintiffs are found to be in possession of the plaint B schedule property, which is crucial for their access.
Losing Side's Weaknesses:
Plaintiffs are found to be in possession of the plaint B schedule property, which is crucial for their access.
Plaintiffs are found to be in possession of the plaint B schedule property, which is crucial for their access.
Supporting Evidence
The plaintiffs are found to be in possession of B schedule pathway which is also identified by Ext C1 and C2 reports.
Judgment Evidence:
The suit is decreed partly. Plaintiff is entitled to get a decree of permanent prohibitory injunction restraining defendants from interfering with right over or committing any waste in plaint B schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vaheeda
- Relation
- W/o Late N.A.K. Haji
- Party Role
- Plaintiff
- Party Name
- Shahana
- Relation
- D/o Late N.A.K. Haji
- Party Role
- Plaintiff
- Party Name
- Shafna
- Relation
- D/o Late N.A.K. Haji
- Party Role
- Plaintiff
- Party Name
- Shahid
- Relation
- S/o Late N.A.K. Haji
- Party Role
- Defendant
- Party Name
- Shri.T.P.M. Ibrahim Khan
- Party Age
- 65
- Relation
- Represented by Adv. P.U.Ziyad
- Party Role
- Defendant
- Party Name
- Shri.K.M.Hamsa
- Party Age
- 60
- Party Role
- Defendant
- Party Name
- Laila
- Relation
- W/o late K.M. Hamsa
- Party Role
- Defendant
- Party Name
- Shafeeq
- Relation
- S/o late K.M. Hamsa
- Party Role
- Defendant
- Party Name
- Shafeena
- Relation
- D/o late K.M. Hamsa
Plaintiffs Documents
Certified Copy of the Sale Deed No.1373/1978, Certified Copy of the Sale Deed No.3085/1978
Defendants Documents
Certified Copy of the Document No.1016/1980, Photographs
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.U.Ziyad
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- John Numpeli Junior
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Krishnapriya. A.R
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiffs are entitled to a decree of permanent prohibitory injunction restraining defendants from interfering with the plaint B schedule property.
Evidence:
Plaintiff is entitled to get a decree of permanent prohibitory injunction restraining defendants from interfering with right over or committing any waste in plaint B schedule property.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Plaintiffs sought a mandatory injunction for removing obstructions in the plaint B schedule property.
Evidence:
Hence issue No.2 is found against the plaintiffs.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Used to establish the ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Used to establish the ownership of the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Document
Submitted By:
Defendant
Relevance:
Used as a title deed to demonstrate boundaries and property ownership.
Reference:
Ext.B1
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
Evidence to support the defendant's claims regarding property boundaries.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Filed to provide an official assessment of the property in question.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Visual representation of the property boundaries as assessed.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Further examination of property boundaries and the path being disputed.
Reference:
Ext.C2
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Vaheeda et al vs Shri.T.P.M. Ibrahim Khan et al regarding injunction
Case Code Year
Case between Vaheeda et al vs Shri.T.P.M. Ibrahim Khan et al regarding injunction